Walker v. Owen

Winslow, C.

This action was originally commenced in the Clay circuit court by Catherine Walker and Joseph Walker, her husband, for the purchase money of lands alleged to have been the fee simple property of the wife. The husband died pending the suit, his death was suggested on the record, and the cause thereafter proceeded in the name of the wife alone. The trial was before the court, both parties having waived a jury, and resulted in a finding and j udginent for the defendant, to reverse which the plaintiff brings the case here by appeal.

The record seems perfect. The amended petition, on…